Chhattisgarh HC dismisses man's plea for call records of wife citing right to privacy
The court noted, "Marriage does not grant the husband automatic access to the wife's private information, communications, and personal belongings. The husband cannot compel his wife to share her passwords for the cellphone or bank account, and such an act would amount to a violation of privacy and potentially domestic violence. There should be a balance between marital privacy and the need for transparency and, at the same time, trust in the relationship," observed the high court.
Justice Rakesh Mohan Pandey upheld the order passed by the first additional principal judge of the family court, Durg, which rejected the husband's application for his wife's CDR.
The couple married on July 4, 2022, in Sankara, Rajnandgaon. The husband filed for dissolution of marriage under the Hindu Marriage Act, 1955, alleging a drastic change in his wife's behaviour soon after she visited her parents' house and that she misbehaved with his mother and brother.
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He also claimed she refused to return with him after going to her parental house again in September-October 2022.
He initially sought restitution of conjugal rights. Subsequently, the wife filed an application under Section 125 of CrPC and initiated domestic violence proceedings against her in-laws. A complaint was also lodged at Mahila Thana, Rajnandgaon, against her in-laws. The husband then filed for divorce on grounds of cruelty.
The petitioner approached the senior superintendent of police, Durg, on 24 January 2024, and again on 30 November 2023, seeking the wife's CDR, citing doubts about her character. He then moved the family court on 12 October 2023, with a similar request.
The husband's written arguments before the family court alleged that his wife frequently spoke to her brother-in-law (jija) for extended periods, suggesting a possible illicit relationship and stating that the CDR was necessary for the case. The family court rejected this application on 27 June 2024.
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